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29/07/2020
NL: The Council of State rules on applicants' entitlement to material reception conditions in cash during the rest and preparation period

ECLI
ECLI:NL:RVS:2020:1803
Input Provided By
EUAA IDS
Type
Judgment
Relevant Legislative Provisions
Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE
Reference
Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicants v Central Agency for the Reception of Asylum Seekers (Centraal Orgaan opvang asielzoekers), Case no. 201907538/1/V1, ECLI:NL:RVS:2020:1803, 29 July 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1156
Case history
Other information
Abstract

The case concerns the form of material reception conditions provided in 2015, while applicants were accommodated in the reception facility in Heumensoord for their rest and preperation period (rust- en voorbereidingstijd, RVT). Typicaly this period lasts only a few days or a few weeks, but due to the large number of applications in 2015, it often lasted several months. During this time applicants are entitled to material reception conditions in kind. The legality of this provision was examined, as some applicants argued that due to the fact that they were stuck in this process phase, they should have become entitled to in-cash benefits (pocket money).


The Council of State concluded that the fact that the rest and preparation period is longer does not give rise to  an exemption from the Dutch Reception Act, Article 9(5). The Central Agency for the Reception of Asylum Seekers (Centraal Orgaan opvang asielzoekers, COA) is not obliged to provide during this period material reception conditions in cash - even if the period takes much longer. The Council of State referred to Article 17(2) of the revised Reception Conditions Directive and noted that the COA is obliged to provide an adequate standard of living throughout reception, but the Directive does not oblige the agency to provide a certain form of reception or that the form of reception should be affected by the length of the process.


Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
Case no. 201907538/1/V1
Date of Decision
29/07/2020
Country of Origin
Keywords
Reception/Accommodation
Original Documents